markhr

The Oregon Scientific cameras are ok but general consensus seems to be that the Vio POV.1 is the best all in one package, unless you buy a 1080 HD camcorder and bracket for your bike.

https://www.bikeforums.net/united-kingdom/394724-uk-helmet-camera-thread.html - UK helmet camera using cyclists and their associated youtube channels (some US users too)

rythos42

Wow, this is a harrowing tale. Please keep us updated, your notes are very thorough and informative. I inline skate, skateboard and cycle almost everywhere, and this is my biggest fear...something that will take me off my wheels for a long time.

Heal well.

beowulf7

I just realized today is your 1-mo. "anniversary" of the accident.

Hope the witness and 911 recording turn out to be solid evidence to support your case.

huhenio

vienna, va?

he is toast.

thebarerider

Any updates?

kokomo61

Still have trouble sleeping (ribs hurt), have had no update from his insurance company regarding PD replacement of my bike.

Court date for his Failure to Yield ROW ticket is 8/18. I'll post an update after that. I should be able to contradict any (false) testimony from him regarding his or my actions at the intersection. The GPS data clearly shows what I did.

I've got a call into the prosecutor to see if he'll upgrade the charges. (So, if the guy successfully pleas it down, there'll still be something left). He passed on the right, which is illegal. That would be a total of 7 points (4 for the ROW, and 3 for the passing on the right).

He has also been in the state more than 60 days with an out of state drivers license, and his car is still registered in that state. Those are 3 point violations each.

If the prosecutor agreed to tack those on, that would be 13 points - automatic suspension. I doubt if they'll go for all of them, but I need to try.

Also, he moved his car before the police got there, even though it wasn't blocking traffic. I want to find out if that's an infraction as well. (EDIT) evidently it is - vehicles involved in accidents are ONLY to be moved if they are obstructing traffic. His was not - other bikes and peds were using the crosswalk after the hit. He got in his car and moved it off the street into a nearby parking lot. That would be another 3 points.

ericy

Hell hath no fury like a cyclist hit by a car....

markhr

Fixed

kokomo61

I know it's not good to be petty or vindictive, but if this guy won't man up and face his responsibility, I have zero sympathy for him, and he deserves whatever I can get the DA to throw at him.

huhenio

You may have found your new commuting buddy!!!

kokomo61

As long as he rides responsibly, I'd welcome him to the commuter ranks. If not, it's the AirZound for him.

robtown

I've been in that courtroom many years ago. I recall a number of great stories the judge enjoyed before throwing the book at the defendants. It might be interesting to attend - but is a bike helmet appropriate attire

kokomo61

I had a troubling thought, though. If he still has his PA license, what's going to happen to the points that would go against his VA license? (which he's supposed to have already). He's been a resident of VA since AT LEAST 6/23, and at the accident scene, he said that he's only lived here 'a couple of months.'. Maybe I need to get the DA to subpoena his apartment complex for a move-in date.......

I know, I'm being picky here, but there should at least be SOME consequences. Hopefully the book thrown will be a copy of Black's Law Dictionary.

markhr

The entire contents of the Library of Congress might be better.

CCrew

Actually, this statement isn't quite correct. If there's no personal injury it's perfectly acceptable to move the vehicles from the roadway in VA. You'll even see signs to that effect on most major routes. In your case however since PI was involved it shouldn't have been moved. That said, cops really won't cite someone for it unless they leave the scene, which in VA and involving personal injury is a felony.

Regardless, it's about whether you're ok - that's what counts. Good to hear that you are getting better.

-Roger

Johnny Nemo

Been hit 3 times, wrecked 2 bikes and hospitalised once. Each time the drivers fault!

ericy

Isn't there some reciprocity though? Many state DMV have the ability to electronically look up the records for drivers from out of state.

kokomo61

I understand that most cops won't cite the person unless they actually flee the scene (witness the Novak situation), but my complaint (and it's MY complaint, not necessarily the police's) - is that since I didn't have a camera with me to preserve the scene at the time, and the witnesses took off and/or the police didn't get statements, it allows the driver to spin a yarn about where he was at the time. I don't know what he's going to say, but I expect him to say that there were no other cars around at the time, and that I ran in front of him.


As far as moving the car, he wasn't in a travel lane - there were other vehicles in the travel lane. He was in the shoulder, passing on the right. He didn't need to move his car to get out of the travel lane, because it wasn't in it. He moved it completely away from the impact point to an off-the-street parking lot. If his car hadn't been moved, or if I had a camera, (or if the police had taken the time to get the witness names), I'd have a much stronger case.

Fortunately, my GPS can rebut anything he says about my speed, stopping and position at the time of the accident. The direction of the hit shows that I WAS over 1/2 way through the intersection at the time....If he hadn't moved his car, it would show that he tried to pass the stopped vehicles on the right.

So, to paraphrase Donald Rumsfeld (not that I enjoy doing so), I go to court with the case I have, not the case that I want.

kokomo61

PA and VA have reciprocity agreements.....but by adding that step, it's possible for the points to be lost, or not transferred properly. If you live in VA, you need to have your license (both drivers and plates) changed within 60 days. By the time the court date comes up, he'll have been in state a minimum of 3-4 months, if he hasn't had it changed over.

ItoDoeblin

I know I was "guilty" of holding onto an out of state driver's license for 8 months after a move one time -- I wasn't driving, but I still had a license - I have a feeling most people let their license changes slide like that...couldn't hurt to ask for a subpeona of his lease during discovery

kokomo61

UPDATE: Got my witness subpoena yesterday. Have to show up at court at 9:30 on the hearing date. Spoke with ticketing officer - they gave me a run-down on what happens at court. The officers meet with the town attorney to discuss the cases on the docket, and decide if any other charges apply. Based on the officer's response, I doubt that they will add any charges to the case. The most likely one would be passing on the right, but again, they will decide that on the morning of the hearing.

They got the 911 call - it was from the driver - (I guess he listened when I told him to call 911....although in retrospect, I should have asked one of the other witnesses..at least we'd have their name and phone number). He couldn't give the address, so he handed the phone off to another person. The officer will tell me if they gave a name.

I'll be bringing my GPS data, street view photographs, and a Google Maps view of the accident location, with the location of all the cars. I'll also bring the GPS.

My expectation is that he'll either get the full ticket, or if he's got a lawyer, get to plead it down to a lower point violation. Hopefully they'll have to get my OK (as the victim in the case). As far as having an out-of-state license and living in the state, the officer said that's likely not applicable here, and that the points SHOULD transfer if/when he gets a VA license.

His car is already fixed, but I've still not heard anything on my property damage claim. I've got the certified mail receipt showing they've got the estimates and inventory of damaged stuff. So, if I don't hear anything by the end of next week, I'll follow up with them.

How am I doing? Still sore. Had my 4th PT session, and the ribs still hurt. Hips are not flexible, and my groin muscles are like steel cables (that's not a brag, they're just tight). Still have to take drugs to sleep through the night.

That's about it for now. Next news is likely either the PD settlement, or the court date report.....

nykoelle

I'm not sure if you can bring any proof that you're a responsible rider? I have no idea how to do that, maybe even just cite your clean DMV record. The cleaner you are the less likely they'll believe you darted in front of the car.

brooklyncyclist

Kokomo61,

Perhaps this has been suggested already--apologies in advance--but have you considered an ad in your local newspaper or their website asking for witnesses to come forward? A Craigslist plea? Nothing to lose by trying...

kokomo61

I have a completely clean DMV record. No tickets, no accidents for over 10 years. I'll bring a copy of that. I will also have my Garmin log - that shows that I ride that route 2X a week for the last year, and a total of about 5500 miles since last February. So at least I can demonstrate that I'm familiar with the route, and that I DID stop at the stop sign before proceeding.

That, coupled with the fact he hit me from the right, I think demonstrates (beyond a reasonable doubt) that I had stopped at the sign, and was 3/4 across the intersection (at least) when he hit me. Because I'll have pics of the street (which have clear sight lines - UNLESS you're passing the stopped vehicles on the right), which counter his claim that he 'didn't see me.'

Besides - this is the bike - how could you NOT see it? I had 3 flashers on the back, and two Topeak White Light flashers on the front. I looked like an aircraft coming in for a landing.

shepdave

Kokomo, I just discovered this thread and heard about your accident. I was out of the country when it happened, or else I certainly would have heard about it.

I know that intersection quite well--although I usually avoid it. I hit the W&OD up on Ayr Hill Road (Street?), and thereby avoid that weird little crossover intersection at Church. It's an awful crossing, and I now have much more motivation to avoid it.

I hope you are getting better, and above all, I hope you nail this guy's butt to the wall.

I think it probably is very good that it's being tried in the Town of Vienna. Vienna is kind of like Mayberry. We don't like people from out of state racing through our charming little town.

Good luck!